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EPO rule requiring delay of patent grant pending entitlement proceedings not contrary to EPC
Practical Law UK Legal Update 0-574-0766 (Approx. 2 pages)
EPO rule requiring delay of patent grant pending entitlement proceedings not contrary to EPC
by Practical Law IP&IT
| Published on 10 Jul 2014 • International |
The European Patent Office judicial appeal board has held that the obligation under the European Patent Convention (EPC) to delay grant proceedings, if a third party provides proof that it has commenced national entitlement proceedings against the applicant, is not contrary to the principle that a patent which meets the requirements of the EPC must be granted.
The judicial appeal board of the European Patent Office has held that the obligation under Rule 14(1) of the European Patent Convention (EPC) to delay grant proceedings, if a third party provides proof that it has commenced national entitlement proceedings against the applicant, is not contrary to the principle that a patent which meets the requirements of the EPC must be granted. The board pointed out that Article 164(1) of the EPC makes the implementing regulations part of the EPC, and that Rule 14(1) was part of the initial regulations ratified in 1973. The first instance decision of the Legal Division to delay grant had resulted from a proper exercise of its discretion, and there was no evidence before the board that the Danish entitlement suit was baseless, nor of delaying tactics by the third party.